United States v. Brian Lemke
2012 U.S. App. LEXIS 17289
| 7th Cir. | 2012Background
- Lemke, charged under 18 U.S.C. § 875(c) for transmitting threats in interstate commerce, was convicted by jury and sentenced to 24 months.
- Victims included Jeffrey Brown, Caroll Barry, and Ferry; messages escalated from harassment to threats of kill Brown and harassment of Barry.
- FBI investigation traced calls to multiple men named Jeffrey Brown; Lemke faced repeated warnings not to continue.
- Arrest warrant issued after Lemke visited Ferry’s workplace; he resisted arrest and weapons and maps were found at his home.
- District court set offense level 20, with a criminal history I, and imposed a below-guidelines sentence of 24 months; Lemke appeals this sentence.
- Court notes the ample sentencing factors, victim impact, deterrence, and Lemke’s resistance while arguing the sentence remains within reason.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly applied §3553(a) factors | Lemke argues the court erred in weighing provocation and mitigation | USA contends court adequately considered §3553(a) factors | Yes, court properly applied §3553(a) factors |
| Whether the 24-month sentence is substantively reasonable | Lemke claims provocation justifies a lower sentence | USA argues sentence is below-guidelines and not unreasonable given conduct | Yes, sentence affirmatively reasonable and lenient under facts |
Key Cases Cited
- United States v. Jackson, 547 F.3d 786 (7th Cir. 2008) (abuse-of-discretion review framework for sentence)
- United States v. Balbin-Mesa, 643 F.3d 783 (10th Cir. 2011) (below-guidelines sentence presumptively reasonable)
- United States v. Poetz, 582 F.3d 835 (7th Cir. 2009) (presumption of reasonableness for below-guidelines sentence)